The net proceeds of the petitioner’s estate, after deducting just expenses of executing the trust and a reasonable commission to the trustees, shall be applied towards payment of such demands against the petitioner as are exhibited to the trustees within 1 year after the date of the assignment, and no others. If the proceeds are insufficient to pay the whole amount of the demands, they shall be apportioned pro rata. Any overplus shall be returned to the petitioner, the petitioner’s heirs, executors, or administrators.

Code 1852, § ?2709; Code 1915, § ?4633; Code 1935, § ?5091; 10 Del. C. 1953, § ?7328; 70 Del. Laws, c. 186, § ?1;